← Library
Madras High CourtCRL OP(MD)/16142/2015allowed

Kalavathi v. The Sub Inspector Of Police

2015-08-20Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of August Two Thousand Fifteen PRESENT The Hon`ble Mrs.Justice S.VIMALA CRL OP(MD) No.16142 of 2015 1 KALAVATHI 2 PERUMAL ... PETITIONERS/PETITIONERS/ACCUSED NOS.2 & 3 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE MALLANGINAR POLICE STATION, VIRUDHUNAGAR DISTRICT, IN CRIME NO. 123 OF 2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.EDDY EMBOOS LAW FIRM Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- Murugeswari died of suicide by hanging and this death took place within seven years of her marriage. In respect of her death, a case was originally registered under Section 174 Cr.P.C. in Crime No.123 of 2015 on the file of the respondent police, which was later altered into Sections 498(A) and 304 (B) Indian Penal Code. Seeking bail, this application has been filed by the in-laws of the deceased.

2. Heard both sides.

3.The petitioners are in judicial custody from 20.07.2015. According to the learned Government Advocate (crl. Side), the case has been altered from Section 174 Cr.P.C. to Sections 498(A) and 304(B) Indian Penal Code based upon the report of the Revenue Divisional Officer. 4.The Revenue Divisional Officer has recorded the statement of all the witnesses including the statement of the in-laws. From the statement of witnesses, it is evident that apart from the allegation regarding the demand for dowry, some other reasons are also alleged for this occurrence.

https://hcservices.ecourts.gov.in/hcservices/

5.Considering the stated circumstances, this Court is inclined to grant bail to the petitioner subject to the following conditions: (i) The petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Virudhunagar. (ii) The petitioner shall stay at Madurai and sign before learned Judicial Magistrate No.I, Madurai weekly thrice i.e. on Monday, Wednesday and Friday daily at 10.30 a.m. until further orders. sd/- 20/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, VIRUDHUNAGAR.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE JUDICIAL MAGISTRATE NO.I, MADURAI.

4 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT.

5 THE OFFICER INCHARGE, WOMEN PRISON,NILAKOTTAI,DINDIGUL DISTRICT.

6 THE SUB INSPECTOR OF POLICE MALLANGINAR POLICE STATION, VIRUDHUNAGAR DISTRICT.

7 THE OFFICER INCHARGE, DISTRICT JAIL,VIRUDHUNAGAR.

8 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.EDDY EMBOOS LAW FIRM Advocate SR.No.47961

ORDER

IN CRL OP(MD) No.16142 of 2015 Date :20/08/2015 PA/AMF/SAR-II/20.08.2015/2P/10C https://hcservices.ecourts.gov.in/hcservices/